Copley v Delanoy
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1706 |
| Date | 01 January 1706 |
| Court | Court of Common Pleas |
English Reports Citation: 125 E.R. 917
Common Pleas Division
REPORTS and CASES of PRACTICE in the COURT of COMMON PLEAS, in the Reigns of QUEEN ANNE, KING GEORGE I. and KING GEORGE II. By a late Eminent Hand. The Third Edition, with the ADDITIONAL CASES and REFERENCES contained in MS. Notes made by L. C. J. EYRE and Mr. JUSTICE NAMES. Edited by THOMAS TOWNSEND BUCKNILL, of the Inner Temple, Barrister at Law. 1872. [1] COPLEY versus DELANOY. EASTER 5 ANNE, 1706. Notice to be given of executing a sci' fac' inquiry. Strangeways v. Ascough, Mich. 4 Geo. I. post, p. 14. In this cause, the plaintiff having proceeded to execute a writ of scire facias inquiry, without giving notice of the time of executing the same, a motion was made to set aside the execution thereof ; and several practicers having been consulted concerning the practice in this particular, it appeared that notice was usually given, and yet that it had been ruled good without. But the Court thinking it reasonable, that the party should in all cases have an opportunity of seeing that he bad justice done him, in respect to the measure of damages, or other matter to be inquired of, declared that for the future notice should always be given ; and the defendant, on paying costs, had leave to plead to the writ. [2] RAWLINS versus PARRY, UN' ATTORN', &C. MICH. 6 ANN. 1707. Privilege. Attorney. But vide Higginson v. Urnfreville, post, p. 47. Midd. es. Upon a motion against the sheriff, for not allowing a writ of privilege for the discharge of the defendant, who was taken into custody on a King's Bench progress; a precedent *as cited of a writ of privilege...
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